The high court dismissed a writ petition challenging the removal of a petitioner acting as a temporary Village Pradhan, as she was disqualified due to her husband's ongoing enquiry and conflict of interest.
None.
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Court No. - 39
Case :- WRIT - C No. - 11519 of 2020
Petitioner :- Smt. Rajan Sri Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhu Narain Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Proceedings under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 have been initiated against the Village Pradhan. In order to fill up the temporary vacancy caused for such reason an adhoc arrangement has been made in which petitioner was permitted to discharge the work of Pradhan. By the order impugned petitioner has been dislodged and respondent no.5 has been permitted to function as Pradhan. This order is assailed in the present writ petition. The order impugned records that petitioner is the wife of elected Pradhan's real brother against whom enquiry is going on and, therefore, it would not be proper to allow the petitioner to fill up the temporary vacancy.
Learned counsel for the petitioner states that petitioner has an independent status and she had also contested in election in the past.
Be that as it may, fact remains that the petitioner is the wife of elected Pradhan's real brother. Once enquiry on serious allegations is going on against the elected Pradhan, no exception can be taken if a family member has been denied the right to officiate as the elected Pradhan. No interference in the matter is warranted at the instance of the present petitioner.
Writ petition is, accordingly, dismissed.
Order Date :- 29.9.2020 Abhishek Singh
1 issue framed by the court
Whether the high court should interfere with the order dislodging a petitioner who is the wife of an elected Pradhan under enquiry from a temporary Pradhan position.
1 provisions across 1 enactments
Smt. Rajan Sri
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
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